Immigration Delay Litigation Process in Atlanta
Dealing with delays is a common part of the immigration process. It takes time to get a visa or become a citizen, with many people spending years on the process. However, some delays for visa, green card, or citizenship applications are unreasonably long. In those cases, litigation might help get an answer sooner.
If you are dealing with the immigration delay litigation process in Atlanta, it is a good idea to rely on the guidance of a seasoned immigration delay attorney. The outcome of your case could have a dramatic impact on the outcome of your case and your future prospects.
When is Litigating a Delay Necessary?
Not every delay requires litigation in federal court. In many cases, it is possible to work with an experienced attorney and resolve these delays amicably. For example, when a delay is caused by a misplaced file or a lost document, a detail-oriented lawyer might be able to resolve the delay without needing to take legal action.
However, some delays cannot be resolved immediately. Some delays are considered reasonable, which means that USCIS is not to blame. For example, if an applicant forgets an important piece of documentation, it makes sense for their immigration petition to become less of a priority.
During a consultation, a skilled Atlanta lawyer could determine the cause of a delay and conclude whether litigation would help.
Pursuing a Writ of Mandamus After an Unreasonable Delay
When a delay cannot be resolved amicably, the best option is likely filing a lawsuit in federal court. Known as a writ of mandamus, this lawsuit forces USCIS to reach a decision on an immigration case.
Immigration applicants need to file their mandamus lawsuits in federal court, and they need to notify USCIS that their immigration case is pending. Once an applicant’s legal representation files the mandamus lawsuit, a judge examines the case and determines whether a delay is unreasonable. The judge will review the facts to determine if there are “compelling circumstances” that require legal action to move forward.
USCIS has time to respond to Mandamus lawsuits, and the U.S. Attorney responsible for defending the agency will also perform their own investigation. If the court rules in favor of the applicant, it will order USCIS to reach a decision in a timely manner. A seasoned lawyer in Atlanta could help with filing a mandamus lawsuit, representing an applicant in federal court, and helping resolve a frustrating immigration delay.
Does Choosing to Litigate Impact an Applicant’s Case Outcome?
All applicants have the right to seek an answer from USCIS during an unreasonable delay, without worrying about retaliation from the agency. Federal law prohibits the U.S. government from retaliating against immigrants who choose to pursue litigation after a long wait.
Similarly, a successful legal action or mandamus lawsuit will not improve one’s chances of success. A writ of mandamus only requires the government to reach a decision on the case.
If a foreign national has further questions about the relationship between immigration delay litigation and the outcome of their case, they should discuss their situation with a dedicated attorney in Atlanta.
Contact an Immigration Attorney Today About Delay Litigation
Litigating immigration delays can be a time-consuming process. While a successful mandamus lawsuit could get you final answer, failure to litigate a case in the right way could end up costing you even more time. This is why it is important to let an attorney deal with the immigration delay litigation process in Atlanta. Call today to learn more.